87R7991 ADM-D
By: Talarico H.B. No. 4113
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of juvenile justice information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.009, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (a-1) and
(c-1) to read as follows:
(a) For purposes of this section, information is
identifiable if the information contains a juvenile offender's name
or other personal identifiers or can, by virtue of sample size or
other factors, be reasonably interpreted as referring to a
particular juvenile offender.
(a-1) Except as provided by this section, identifiable
juvenile justice information collected and maintained by the Texas
Juvenile Justice Department for statistical and research purposes
is confidential information for the use of the department and may
not be disseminated by the department.
(c) The Texas Juvenile Justice Department may grant [the
following entities] access to identifiable juvenile justice
information:
(1) for research and statistical purposes or for any
other purpose approved by the department to:
(A) [(1)] criminal justice agencies as defined
by Section 411.082, Government Code;
(B) [(2)] the Texas Education Agency, as
authorized under Section 37.084, Education Code;
(C) [(3)] any agency under the authority of the
Health and Human Services Commission; or
(D) [(4)] the Department of Family and
Protective Services; or
(2) for a purpose beneficial to and approved by the
department to an individual or entity that:
(A) is working on a research or statistical
project that meets the requirements of and is approved by the
department; and
(B) has a specific agreement with the department
that:
(i) specifically authorizes access to
identifiable juvenile justice information;
(ii) limits the use of the information to
the purposes for which the information is given;
(iii) ensures the security and
confidentiality of the information; and
(iv) provides for sanctions if a
requirement imposed under Subparagraph (i), (ii), or (iii) is
violated [(5) a public or private university].
(c-1) The Texas Juvenile Justice Department shall grant
access to juvenile justice information that is not identifiable
information for research or statistical purposes or for any other
purpose approved by the department to:
(1) criminal justice agencies as defined by Section
411.082, Government Code;
(2) the Texas Education Agency, as authorized under
Section 37.084, Education Code;
(3) any agency under the authority of the Health and
Human Services Commission;
(4) the Department of Family and Protective Services;
(5) a public or private university; or
(6) an individual or entity working on a research or
statistical project.
SECTION 2. Sections 58.009(d), (f), and (g), Family Code,
are repealed.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.